Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-20
APPLICATION FOB PATENT.

APPLICATION FOB PATENT.
Where papers have once been filed with the
Register and receiver they become q part OF
returned, but must be transmitted to the Gen
eral Land Once.
An application will be rejected when the
scription Of the premises Is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
S~econd-The notice was not published in a
new paper designated IS published nearestt the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending = suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in accord
ance with law.
Wher several parties own separate and dis
tlnct portions Of Q claim, application for
patent may be made by either for that portion
OF the claim owned by him; but where several
parties own undivided interests in z mining
claim all should join IN an application for q
patent.
A person or association may purchase as
many placer locations rs the local Law admits,
and embrace them all in one application for y
patent.
Two or more lodes cannot be embraced in
one application for a patent except for placer
claims embracing two or more loaes within
their boundaries
Papers sworn TO before any person purport-
ing TO act as q deputy for the Register and Re-
ceiver cannot be recorded rs evidence.
In all patents for mining claims situated
within the interior boundaries Of a town site
q clause is in: erted excepting aud excluding
all town property, rights upon the surface,
and all houses, buildings. structures, lots,
blocks, streets, alleys or other municipal i'm
provsments not belonging to the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same."
Publication Of notice must be made a only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers, and in daily
newspaper GO days must elApse between the
frat and last insertions.
Where the Register esignates the d ally issue
of q newspaper fer publication of notices of q
mining application for patent it Ia not q COM
plianoe with law to change to the weekly edi-
tion of. the same paper without authority Of
the Register.
The existence OF O salt spring on q tract Of
land withdraws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character of such land is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse Claimant.
The papers In IN adverse claim, once Aled,
cannot be withdrawn but becomes q part of the
record.
not be amended so as to embrace q larger per.
ton Of the premises than that described in the
original adverse claim.
An adverse claim must be made ont In
proper form and flied in the proper local Off &C
during the period of publication OF the appli.
cation for the patent to be- effective.
It is the duty of the adverse claimant o
suit In proper form within the re-
ouired time. ard II he trusts she Uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the resdlt Of
the corrupt or dishonest action of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement in general terms mbody.
ing conclusions OF law, without stating the
facts specially, will not be considered IN evil
dence.
An adverse claimant, should show o compii.
ance with theflocsl laws In recording his claim
and in regard to expenditures. and shall file q
copy Of the original notice OF his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to a sui. that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locstors or the identical par ties who
present the adverse claim.
AGRICULTURE or MINERAL LANDS.
Where land is of little. If any value, for sgri.
cultural purposes, but is essential to the
proper development OF mining claims, n
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be Cancelled NJ any time
prior to Issuance of patent, upon satisfactory
evidence OF the existence of snch valuable de-
posits.
Where valuable deposits Of mineral are dis.
covered upon Q tract sitter the same ias been
en- tered as agricultural, bat before l Aent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled ta
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF 1t. provided he becomes A citizen
before disposing OF tine mine. Proof that the
party was not q citizen before disposlng OF his
claim must be afirmstively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aliens,
IN tne absence OF allegation or objection prior
to issuance Of patent.
The portion of q mining claim sold to an
alien cannot be patented while such owner IL
an alien; but on his declaration, O become 3
citizen his right dates back to HIS purchase,
nud he may thereupon secure United States
patent for his claim.
cross LEDaEs,
Revised Statutes. Section Z. 1855:
Where two or moro lodges cross or infersect
eacn other, priority Of title shall govern, and
sncn prior location shall be entitled to all ore
or mineral cont.ined within the space OF inter.
section, but the subsequent location shall have
the right ef .fsy through the space Of inter
section Tor the purpose Of the convenient
working OF the mine. And where two or more